Bill Summary for H 370 (2019-2020)

Summary date: 

Jun 19 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 370 (Public) Filed Thursday, March 14, 2019
AN ACT TO REQUIRE COMPLIANCE WITH IMMIGRATION DETAINERS AND ADMINISTRATIVE WARRANTS.
Intro. by D. Hall, Jones, Saine, C. Smith.

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Bill summary

Senate committee substitute makes the following changes to the 2nd edition. Deletes the previous provisions and now provides the following.

Amends GS 162-62 to require the administrator or equivalent of any county jail, local or district confinement facility, satellite jail or work release unit (facility) to attempt to determine if any prisoner who is confined for any period in their facility and charged with a criminal offense is a legal resident (previously, limited to prisoners charged with a felony or an impaired driving offense). Requires the administrator to make a query to Immigration and Customs Enforcement (ICE) if the administrator is unable to determine that the prisoner is a legal resident or citizen (previously, qualified the requirement with where possible). Mandates the administrator or equivalent to allow an ICE official to interview any person in custody of the facility within 24 hours of receiving the request from ICE, with the clarification that this provision does not deny bond or release from a prisoner otherwise eligible. Provides that the ICE interview can be in person, or by phone or other electronic means. Establishes requirements for instances in which ICE has notified the administrator or equivalent that it has issued a detainer and administrative warrant that reasonably appears to be for any person charged with a criminal offense and confined in a facility for any period of time. Includes requiring that, prior to release, the prisoner be taken before a State judicial official and provided with the detainer and administrative warrant prior to the prisoner's release, and the judicial official issue an order directing the prisoner be held in custody if the prisoner appears to be the person subject to the detainer and the administrative warrant, subject to release upon the earlier of 48 hours from receipt of the detainer and administrative warrant, ICE takes custody, or the detainer is rescinded by ICE. Adds criminal and civil immunity for any state or local law enforcement officer or agency acting pursuant to the statute.

Amends GS 128-16 to require removal of any sheriff or police officer for willful failure or refusal to comply with any provision of GS 162-62, as amended.

Establishes an annual reporting requirement, beginning October 1, 2020, for every administrator or equivalent of any county jail, local or district confinement facility, satellite jail or work release unit (facility) in the state to report to the specified NCGA committee on specified data with regard to compliance with GS 162-62, including the number of times the facility made a query to ICE, the number of times ICE sent a detainer request, the number of times a prisoner was held for 48 hours, and the number of times ICE took custody of a prisoner after notification from the facility. 

Includes a severability clause.

Provides that the act is effective 30 days after the act becomes law.

Makes conforming changes to the act's titles.

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